Real Property; Easements. (a) Tolono owns and will have at Closing good and marketable title to the Owned Real Property, free and clear of all options, leases, covenants, conditions, Easements, agreements, claims, and other Encumbrances of every kind and there exists no restriction on the use or transfer of such property, in each case except as set forth on Schedule 3.4(e). Set forth on Schedule 3.4(a) is a complete and accurate listing of all Owned Real Property. Tolono is not the lessor or lessee of any Real Property, and there are no outstanding options, rights of first refusal or rights of first offer to purchase any of the Real Property or any portion thereof or interest therein. Tolono has made available to Illinois-American copies of all title reports, surveys, title policies and appraisals relating to the Owned Real Property to the satisfaction of Illinois-American. At and after the Closing, Illinois-American shall have the right to maintain or use the Owned Real Property, including the space, facilities or appurtenances outside the building lines, whether on, over or under the ground, and to conduct such activities thereon as maintained, used or conducted by Tolono on the date hereof and such right is not subject to revocation except as set forth in Section
Real Property; Easements. (a) Seller owns and has good and marketable title to the Real Property, free and clear of all options, leases, covenants, conditions, easements, agreements, claims, and other Encumbrances of every kind and there exists no restriction on the use or transfer of such property, in each case except as set forth on L chcdule 3.4(b)(i) or ·chedule 3.4(b)(ii). Set forth on chedule 3.4{a) is a complete and accurate listing of all Real Property. Seller is not the lessor or lessee of any real property, and there are no outstanding options, rights of first refusal or rights of first offer to purchase any of the Real Property or any portion thereof or interest therein. Seller has made available to Buyer copies of all title reports, surveys, title policies and appraisals relating to the Real Property. At and after the Closing, Buyer shall have the right to maintain or use the Real Property, including the space, facilities or appurtenances outside the building lines, whether on, over or under the ground, and to conduct such activities thereon as maintained, used or conducted by Seller on the date hereof and such right is not subject to revocation. At and after the Closing, Buyer shall have all rights, easements and agreements necessary for the use and maintenance of water, sewer or other utility pipelines, poles, wires, conduits or other like facilities, and appurtenances thereto, over, across and under the Real Property.
Real Property; Easements. Any fees, charges and other amounts prepaid, accrued or due and payable or to become due and payable for the calendar year or other portion thereof in which the Closing occurs under the Real Property Easements shall be prorated as of the Effective Time between Seller and Buyer.
Real Property; Easements. (a) Xxxxxx owns and has good and marketable title to the Real Property, free and clear of all options, leases, covenants, conditions, Easements, agreements, claims, and other Encumbrances of every kind and there exists no restriction on the use or transfer of such property, in each case except as set forth on Schedule 3.4(e). Set forth on Schedule 3.4(a) is a complete and accurate listing of all Real Property. Xxxxxx is not the lessor or lessee of any Real Property, and there are no outstanding options, rights of first refusal or rights of first offer to purchase any of the Real Property or any portion thereof or interest therein. Xxxxxx has made available to Illinois- American copies of all title reports, surveys, title policies and appraisals relating to the Real Property to the satisfaction of Illinois-American. At and after the Closing, Illinois-American shall have the right to maintain or use the Real Property, including the space, facilities or appurtenances outside the building lines, whether on, over or under the ground, and to conduct such activities thereon as maintained, used or conducted by Xxxxxx on the date hereof and such right is not subject to revocation except as set forth in Section 2.3. At and after the Closing, Illinois-American shall have all rights, Easements and agreements necessary for the use and maintenance of water, sewer or other utility pipelines, poles, wires, conduits or other like facilities, and appurtenances thereto, over, across and under the Real Property.
Real Property; Easements a) Set forth on Schedule 3.4(a) is a complete and accurate listing of all Real Property that is necessary, used or useful in the Business. All such Real Property will be transferred to Buyer at Closing. The Company is not the lessor or lessee of any real property, and there are no outstanding options, rights of first refusal or rights of first offer to purchase any of the Real Property or any portion thereof or interest therein. Seller has made available to Buyer copies of all title reports, surveys, title policies and appraisals relating to the Real Property. At and after the Closing, Buyer shall have all rights, easements and agreements necessary for the use and maintenance of water, sewer or other utility pipelines, poles, wires, conduits or other like facilities, and appurtenances thereto, over, across and under the Real Property for the operation of the Business as currently operated.
Real Property; Easements. (a) Seller owns and has good and marketable title to the Real Property, free and clear of all options, leases, covenants, conditions, easements, agreements, claims, and other Encumbrances of every kind and there exists no restriction on the use or transfer of such property, in each case except as set forth on Schedule 3.4(b)(i) or Schedule 3.4(b)(ii). Set forth on Schedule 3.4(a) is a complete and accurate listing of all Real Property. Seller is not the lessor or lessee of any real property, and there are no outstanding options, rights of first refusal or rights of first offer to purchase any of the Real Property or any portion thereof or interest therein. Seller has made available to Missouri-American copies of all title reports, surveys, title policies and appraisals relating to the Real Property. At and after the Closing, Missouri-American shall have the right to maintain or use the Real Property, including the space, facilities or appurtenances outside the building lines, whether on, over or under the ground, and to conduct such activities thereon as maintained, used or conducted by Seller on the date hereof and such right is not subject to revocation. At and after the Closing, Missouri-American shall have all rights, easements and agreements necessary for the use and maintenance of water, sewer or other utility pipelines, poles, wires, conduits or other like facilities, and appurtenances thereto, over, across and under the Real Property.
